Intellectual Property Lawyers Protect The Interests And Rights Of Professional Musicians

By Stephen Daniels


Music is everywhere. It is on the radio, on television and in the movies, in elevators, in shopping malls, at concerts, online, and so on. While the world wouldn't be the same without the artistic talents of musicians, they would hardly be where they are today without people dedicated to entertainment law . There are several routes an entertainment lawyer can take, from publishing, film and music, television, to advertising and more. For a working musician, the business end can be a complicated world of contracts, royalties, licenses and intellectual property disputes. Having a skilled, experienced entertainment lawyer on your side is a great way to ensure rights and interests are and remain safeguarded.

Vital members of the entertainment industry, entertainment lawyers focus on all media. While a lot of what they do includes drafting and negotiating recording, licensing, publishing and other types of contracts, they are sometimes involved in arbitration and litigation issues. Some attorneys have experience in other fields such as bankruptcy, intellectual property, finance or even constitutional law with regard to First Amendment protection of free speech, which can be very useful.

Anyone who produces intellectual property - fundamentally intangible products such as a song, essay, book, design concept, etc. - stands to benefit from the services of an entertainment attorney. Before the Internet, trademark, copyright and intellectual property law was a lot less complicated. With the advent of the Internet and its substantial reach, skilled entertainment attorneys are in great demand.

How a musician gets paid for their work has become very complex. To illustrate one example, envision a song written by an artist/performer. Now, after recording that song, two copyrights are created. The first is for the song itself, and the second is for the actual recording of the song. For musicians who are signed to a record label, that label typically owns the sound recording copyright, while the musician owns the rights to the song. Without an attorney, it's fairly easy for a musician (who may not be knowledgeable about the legal end of things) to be exploited by a record company. A lawyer helps sort out the details, ensuring the artist makes a fair share of revenue from sales of that record, live performances, sheet music sales and the third-party licensing of a song to be used in a TV show, commercial or movie, etc.

And that's just one aspect of their work. Attorneys help musicians negotiate record contracts, distribution deals and all manner of licenses. If there is a breach of contract or an unauthorized use of a musician's intellectual property, litigation (or at least the threat of it) may be necessary.

Depending on the musician and the value of their product, millions of dollars can be earned. Album sales, downloads, merchandising, song licensing, performances - all of these are prospective moneymakers. Poorly written contracts can lead to a significant loss of revenue for musicians, so it is in their interest to be represented by a professional, knowledgeable lawyer.

As with any attorney, reputation and experience are vital traits. Musicians should hire an attorney who not only specializes in entertainment law, but who has direct experience writing and negotiating recording and performance contracts, and ensuring music licensing deals are the most advantageous for the client, and who knows how to wield the power of the law in the event of copyright infringement.

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1 comments:

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